By Longoria                                            H.B. No. 396
         76R949 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to treating certain voluntary sexual conduct by a child as
 1-3     delinquent conduct.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 51.03(a), Family Code, is amended to read
 1-6     as follows:
 1-7           (a)  Delinquent conduct is:
 1-8                 (1)  conduct, other than a traffic offense, that
 1-9     violates a penal law of this state or of the United States
1-10     punishable by imprisonment or by confinement in jail;
1-11                 (2)  conduct that violates a reasonable and lawful
1-12     order of a juvenile court entered under Section 54.04 or 54.05 of
1-13     this code, except an order prohibiting the following conduct:
1-14                       (A)  a violation of the penal laws of this state
1-15     of the grade of misdemeanor that is punishable by fine only or a
1-16     violation of the penal ordinances of any political subdivision of
1-17     this state;
1-18                       (B)  the unexcused voluntary absence of a child
1-19     from school; or
1-20                       (C)  the voluntary absence of a child from his
1-21     home without the consent of his parent or guardian for a
1-22     substantial length of time or without intent to return;
1-23                 (3)  conduct that violates a lawful order of a
1-24     municipal court or justice court under circumstances that would
 2-1     constitute contempt of that court;
 2-2                 (4)  conduct that violates Section 49.04, 49.05, 49.06,
 2-3     49.07, or 49.08, Penal Code; [or]
 2-4                 (5)  conduct that violates Section 106.041, Alcoholic
 2-5     Beverage Code, relating to driving under the influence of alcohol
 2-6     by a minor (third or subsequent offense); or
 2-7                 (6)  the voluntary participation by a child 14 years of
 2-8     age or older in sexual conduct as defined by Section 43.01, Penal
 2-9     Code, with a person who is not more than three years older than the
2-10     child except sexual conduct between a child and the child's spouse.
2-11           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-12           (b)  This Act applies only to conduct that occurs on or after
2-13     the effective date of this Act.  Conduct violating the law of this
2-14     state occurs on or after the effective date of this Act if any
2-15     element of the violation occurs on or after that date.
2-16           (c)  Conduct that occurs before the effective date of this
2-17     Act is governed by the law in effect at the time the conduct
2-18     occurred, and that law is continued in effect for that purpose.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.